Greater London Authority Bill - continued        House of Lords
SCHEDULE 22, ROAD USER CHARGING - continued

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Determination of disputes and appeals
      28. Regulations may make provision for or in connection with-
 
 
    (a) the determination of disputes;
 
    (b) appeals against determinations or any failure to make a determination;
 
    (c) the appointment of persons to hear any such appeals.
 
Approval of equipment
      29. - (1) No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme unless the equipment is of a type approved by the Authority.
 
      (2) Where the Secretary of State considers that-
 
 
    (a) equipment of any particular description used in connection with a charging scheme ("the non-standard equipment") is incompatible with a national standard for equipment of that or any other description, and
 
    (b) the incompatibility is detrimental to the interests of persons resident in England outside Greater London,
  he may give notice of that fact to the Authority.
 
      (3) Where the Secretary of State has given notice under sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.
 
      (4) Any authorisation under sub-paragraph (3) above may be given subject to conditions.
 
      (5) Any authorisation under sub-paragraph (3) above, and any conditions under sub-paragraph (4) above, may be varied or revoked.
 
      (6) In this paragraph "national standard" means any standard approved by the Secretary of State by regulations made under any enactment and in force in an area which consists of or includes the whole of England outside Greater London.
 
 
Evidence
      30. Regulations may make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Schedule, or proceedings in respect of a failure to comply with the provisions of a charging scheme, to be given by the production of-
 
 
    (a) a record produced by a prescribed device; and
 
    (b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a prescribed person.
 
Exclusions for motor vehicles not on roads
      31. A charging scheme may not authorise or require-
 
 
    (a) the imposition of charges in respect of a motor vehicle by reference to its presence in a charging area at a time at which the vehicle is not on a road;
 
    (b) the examination, for any purpose relating to or connected with this Schedule, regulations or a charging scheme, of a motor vehicle found in a charging area at a time at which the vehicle is not on a road; or
 
    (c) the fitting of an immobilisation device to, or the removal of, a motor vehicle found in a charging area at a time at which the vehicle is not on a road.
 
Expenses
      32. The Authority, Transport for London or a London borough council may-
 
 
    (a) incur expenditure in or in connection with the establishment or operation of a charging scheme; or
 
    (b) enter into arrangements (including arrangements for forming or participating in companies) with any body or person in respect of the operation of a charging scheme or relating to the installation or operation of any equipment used for or in connection with the operation of a charging scheme.
 
Directions by the Authority
      33. - (1) The Authority may give to any London borough council general or specific directions requiring the council to exercise, in such manner as may be specified in the directions,-
 
 
    (a) any of the council's powers under this Schedule; or
 
    (b) for purposes connected with a charging scheme made by that council or any other authority, any of the council's powers under any other enactment relating to the management or control of traffic.
      (2) A London borough council shall comply with any directions given to the council by the Authority.
 
 
Guidance by the Authority
      34. - (1) The Authority may issue guidance to Transport for London or any London borough council in relation to the discharge of their functions under this Schedule.
 
      (2) Transport for London or a London borough council in exercising any function under this Schedule shall have regard to any guidance issued by the Authority under this paragraph.
 
 
Crown roads
      35. - (1) This Schedule applies in relation to Crown roads as it applies in relation to other roads.
 
      (2) In sub-paragraph (1) above "Crown road" has the same meaning as in section 131 of the Road Traffic Regulation Act 1984.
 
 
Crown application
      36. - (1) Subject to the provisions of this paragraph, the provisions of this Schedule and of regulations and charging schemes made under it shall bind the Crown.
 
      (2) No contravention by the Crown of any provision of this Schedule or of any regulations or charging scheme made under it shall make the Crown criminally liable; but the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
 
      (3) Notwithstanding anything in sub-paragraph (2) above, the provisions of this Schedule and of regulations and charging schemes made under it shall apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.
 
      (4) No power of entry conferred by this Schedule or regulations made under it shall be exercisable in relation to any motor vehicle in the public service of the Crown.
 
      (5) Nothing in this paragraph shall be taken as in any way affecting Her Majesty in her private capacity; and this sub-paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
 
 
Duration of charging schemes
      37. A charging scheme shall state whether or not it is to remain in force indefinitely and, if it is not to remain in force indefinitely, shall state the period for which it is to remain in force.
 
 
Variation and revocation of charging schemes
      38. The power to make a charging scheme includes power, exercisable in the same manner, and subject to the same conditions and limitations, to vary or revoke such a scheme.
 
 
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Prepared 27 October 1999